Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1887-04-09
HONEST FOOD PROTECTED.


The oleomargarine law of New York
has been tested and declared to be con-
stitutional by the Court of last resort. The
Act of Congress on the subject differs from
all other regulative measures in this, that
it does not seek to control the profits or
conduct of business in itself devoid of
wrong and fraud. But the manufacture
of olecmargarine involves its use by many
under disguise. That is to say, while the
manufacturer may be honest enough in
putting forth the product for just what it
is, dealers and second and third hands are
under strong temptation to pass it off as
genuine butter, and in thousands of cases
this is done. The law by tax and license
system is intended to prevent this fraud
and at thesame time to properly guard from
encroachment the great dairy, and incl
dentally the agricultural interests of the
country.
The law of New York is aimed mainly
at prevention OF fraud in representing
oleomargarine to be butter. Lippman
Arensberg, of Brooklyn, manufactures oleo-
margarine He sold it as natural butter
and so labeled and disguised it as to closely
resemble the genuine article. He was
brought to trial for violating the State
law on the subject, and was fined, and on
appeal the case went to the Court of APP
peals. 1t was argued in behalf of the de-
PENDANT that the prosecution was in viola
ton of his right as a citizen to carry on
the business, which is the production :" of
a wholesome nutritious article of food con-
tanning all the essential elements of genu-
inc butter" Judge Rapallo in deciding
the case, took occasion to say:
Assuming as is claimed, that butter made
from animal fat or oil is as wholesome, nutri-
tious and as suitable Tor food as dairy bntter
and is substantially the same article, excepting
as regards its origin, and that it is cheaper and
that it would be violation of the constitu-
tional rights and liberties of the people to pro-
hibit them from manufacturing and dealing in
1t, for the mere purpose of protecting the pro,
ducers OF dairy butter against competition yet
1t cannot be claimed that the producers OF but
ter made from animal fats or oils have any CON
stitutional right to resort TO devices for the pur
pose of making their product resemble in ap-
pearance the more expensive article known as
dairy butter, or that it is beyond the power of
the Legislature to enact such laws as they may
deem necessary to prevent the simulated article
being put upon the market in such q form and
manner as to be calculated to deceive If it
possess the merit which are claimed for it,sand
is innocuous, those making and dealing lit
should be protected in the enjoyment of their
liberty in those respects but they may legally
be required to sell it for and as what it actually
is, and upon its own merits, and are not entitled
to the benefit OF any additional market value.
which may be impaired to 1t by resortihg to
artificial means to make it resemble dairy but
ter IN appearance.
And this covers the whole question. If
oleomargarine is all that its friends claim
for it, why attempt to put it under false
title? While Congress and several of the
States have legislated to make oleomar-
garine sail under its own colors, Missouri
has taken step backward and repealed
her laws that prohibited the manufacture
of the article without clearly exposing and
stamping upon it its true character. The
dairy interests in Missouri are directly in
jured by the repeal, and the next cam
paign is likely to ring with the complaints
of farmers and dairymen and manufact-
urers Of cheese. Indeed, the protest is
already 50 strong that it has become de-
cidedly unpleasant for Governor Marina
duke, who approved the repeating Act and
thus made an assault upon honest food"
and important natural industries.